If you have a bad reaction after eating a certain food, you might have a food allergy or a food intolerance. A food allergy occurs when your body’s immune system incorrectly perceives a food as a harmful invader and attempts to fight it off. A food intolerance, or sensitivity, occurs when your body does not have a specific enzyme necessary to digest a food or an ingredient in it, such as a chemical or dye.
Food allergies and intolerances can produce similar symptoms, such as abdominal pain and bloating, nausea, vomiting, gas, and diarrhea. However, while food intolerances usually aren’t dangerous, a severe allergic reaction could lead to life-threatening anaphylactic shock. Therefore, you should call 911 or go directly to the nearest hospital emergency room if you experience difficulty breathing or swelling in your lips or tongue. Additionally, if you regularly experience gastrointestinal distress after eating, you should see a doctor who can pinpoint the cause.
Foods Commonly Associated With Intolerances
Many food intolerances can be linked to the following three ingredients:
Lactose — A natural sugar found in milk, cheese, and other dairy products Sulfites — Preservatives found in wines, sodas, pickled foods, and canned vegetables Gluten — A protein found in wheat, barley, rye, and other grains
Even though a food intolerance is not life-threatening, it can be unpleasant. The best strategy is to work with a doctor who can identify the problematic food ingredient so you can avoid any foods that contain it.
Getting to the Bottom of a Food Intolerance
Because the symptoms of a food intolerance may take several hours or longer to develop, the source is not always readily apparent. As part of the diagnostic process, a doctor may suggest a general food sensitivity test, such as a skin test or a blood test, followed by a more comprehensive elimination diet.
After a skin test or blood test confirms the existence of a food intolerance, an elimination diet can help pinpoint the source. The process involves avoiding the foods most commonly associated with intolerances until the symptoms subside, then reintroducing each food, one at a time, while monitoring for the return of symptoms.
Are you interested in being tested for a food intolerance? If you’re a member of Optimum Direct Care, food sensitivity testing is included in your membership. Contact our direct primary care practice in Orlando, FL, to learn more.


Pace Industries, an Arkansas-based manufacturer of aluminum, zinc, and die cast and major supplier to the auto industry, sought Chapter 11 protection on April 12 in the District of Delaware, along with 10 affiliated entities (
In re Pace Industries, No. 1:20-bk-10927). Leading up to the bankruptcy filing, Pace was experiencing severe liquidity issues to the extent that it had a mere $150,000 in cash at the time of filing. Still, Pace and its affiliates entered bankruptcy already proposing a prepackaged plan that would restructure approximately $324 million in debt, primarily through a debt-for-equity swap.
Five days after the bankruptcy petition was filed, the majority shareholder sought to dismiss the bankruptcy case because Pace did not obtain the shareholder’s consent before seeking Chapter 11 protection. In its motion to dismiss, the shareholder alleged that its stock purchase agreement gave it the right to approve or veto any bankruptcy or liquidation filings in exchange for its equity infusion.
In its objection to the motion to dismiss, the company argued that circumstances such as Pace’s allowed a company to seek bankruptcy protection without the shareholder’s consent because enforcing the right would conflict with the important public policy of assuring companies can seek federal bankruptcy relief when needed or when it would be inequitable. Pace further alleged that the shareholder’s attempt to block the bankruptcy filing was actually aimed at achieving leverage in its negotiations with the debtor’s lenders.
At the hearing, the debtor’s position was supported by the agent for its $232.1 million in secured notes. The agent emphasized at the hearing that, were the court to rule for the shareholder, the agent and other creditors were prepared to immediately launch an involuntary Chapter 11 proceeding, which would ultimately place the debtor back in the same position.
At the hearing, the shareholder pointed the court to the recent Fifth Circuit ruling on a similar issue where it concluded that an investor was not prevented from exercising its blocking rights to stop the corporation from seeking bankruptcy protection. Judge Walrath indicated that she “respectfully would decline to follow that case.” She stated further, “I do believe, under Delaware state law, contrary to the Fifth Circuit, my interpretation of the law would and does find that blocking rights, such as exercised in the circumstances of this case, would create a fiduciary duty on the part of the shareholder.”
Judge Walrath ultimately sided with the debtor and the agent to its secured lenders, holding that the shareholder’s blocking rights provision “violates public policy and is void.”
Due to COVID-19 and the state of the global economy, many companies are considering or are currently engaging in the process of a bankruptcy filing. Companies with blocking rights governance provisions (and the stockholders that enjoy those rights) should carefully examine the outcome of this ruling to determine whether their provision is enforceable. Similarly, any lender that has obtained or intends to require the issuance of an authority to file an opinion, analyzing the interplay of state-based corporate law and federal bankruptcy law with the authority needed to commence a bankruptcy case, should carefully consider whether bankruptcy courts will follow Judge Walrath’s ruling.
Alston & Bird has formed a multidisciplinary task force to advise clients on the business and legal implications of the coronavirus (COVID-19). You can view all our work on the coronavirus across industries and subscribe to our future webinars and advisories.


The USS Helm (DD-388) was a Bagley-class destroyer laid down on September 25, 1935, and launched on May 27, 1937. It was commissioned on October 16, the following year under Lt. Comdr. P. H. Talbot’s command with the hull number DD-388 and served in the US Navy for 9 years until it was decommissioned on June 26, 1946. During its activity, the ship carried a complement of 158 people on board and had its main missions in Hawaii, New Hebrides, Australia, Efate, and New Zealand. The ship was repaired in Pearl Harbor Naval Shipyard after the Japanese attack. After the decommissioning, the ship was struck from the Navy List on February 25, 1947 and sold for scrapping to Moore Dry Dock Company in Oakland.
Decades after service, many veterans of the U.S. Navy have been diagnosed with chronic lung diseases caused by inhaling asbestos fibers. As the mineral was inexpensive and had remarkable physical properties, it was nearly everywhere on military ships: flooring, wall panels, cables, packing materials, adhesives, deck materials, fireproof materials, and other equipment. If you or a loved one are a veteran and have been diagnosed with mesothelioma or another asbestos disease, there are special benefits available to you–including possible significant financial compensation.


New COVID Relief Bill – Expanded worker benefits; payroll tax changes
01/11/21
On December 27, 2020, President Trump signed the Consolidated Appropriations Act, 2021 (the “Act”). In addition to the 2021 appropriations and authorizations, this spending package includes $900 billion in emergency coronavirus relief. Among other things, the Act provides some relief for those whose payroll taxes have been deferred since September 2020.
Back on August 8, 2020, the President issued a memorandum allowing employers to defer withholding employees’ share of social security taxes or the railroad retirement tax equivalent. This original deferral period was from September 1, 2020 through December 31, 2020. Workers were directed by the Treasury Department that they had until April 30, 2021 to pay back these tax deferrals. This essentially provided employers the option to defer withholding certain taxes from their employees’ pay for the first four months, then withhold the deferred amount (in addition to standard withholdings) ratably for the following four months to pay back the deferral.
The Act extends the end of the repayment period from April 30, 2021 to December 31, 2021. As such, any deferred amount must now be withheld from the employee wages and repaid ratably during the twelve month period between January 1, 2021 and December 31, 2021. Additionally, before passage of the Act, penalties and interest on deferred unpaid tax liability were initially set to begin to accrue on May 1, 2021. After passage of the Act, those penalties and interest will not begin to accrue until January 1, 2022.
Further, terms under the Families First Coronavirus Response Act (FFCRA) regarding: (i) paid sick leave for an employee quarantined related to possible COVID-19 symptoms (up to 80 hours); and (ii) family leave for childcare related to COVID-19 (up to 10 weeks), that were originally in effect until December 31, 2020 are now extended through March 31, 2021 under the Act.
As always, Bodman’s attorneys are available to assist you as businesses adjust to this difficult time and we will be providing frequent updates and additional FAQs as the situation develops. Please contact your Bodman attorney or Joe Morrison at (734) 930-2492 or jmorrison@bodmanlaw.com or Garrett Haddon at (248)-457-3145 or ghaddon@bodmanlaw.com for more information. Bodman cannot respond to your questions or receive information from you without first clearing potential conflicts with other clients. Thank you for your patience and understanding.


From the Journal of Personality and Social Psychology (via 99u):
In two surveys, respondents from various demographic groups indicated that experiential purchases-those made with the primary intention of acquiring a life experience–made them happier than material purchases. In a follow-up laboratory experiment, participants experienced more positive feelings after pondering an experiential purchase than after pondering a material purchase. In another experiment, participants were more likely to anticipate that experiences would make them happier than material possessions after adopting a temporally distant, versus a temporally proximate, perspective. The discussion focuses on evidence that experiences make people happier because they are more open to positive reinterpretations, are a more meaningful part of one’s identity, and contribute more to successful social relationships.


Selecting, sizing transformers in nonresidential buildings Transformers are a critical piece of any electrical infrastructure. Knowing how to properly size and select these transformers will allow the building to function with minimal interruptions. Learning Objectives Learn about the different types and sizes of transformers in use in nonresidential buildings. Understand the different ratings and performance characteristics associated with transformer selection. Efficiently select and size a transformer for a specific set of design conditions.
Transformers are a ubiquitous component of any nonresidential distribution system. With many different sizes, types, and listed uses, it can be quite complicated to pick the correct transformer for a specific application.
Transformers are a passive component of electrical distribution systems and are used throughout electrical systems to change the voltage, they will either step-down a voltage or step-up a voltage with almost zero power loss; the average transformer is roughly 98% to 99.5% efficient. Typically, step-down transformers are seen in commercial buildings to bring the voltage from a higher utility-distribution voltage (7 to 25 kV) to a lower utilization voltage (120/208 V, 277/480 V, etc.). This is done for safety and efficiency; it is much more efficient for transmission to take place at high voltages with smaller conductor sizes and it is much safer for a lower utilization voltage at the end-user equipment.
There are myriad transformer types; however, there is only a handful used commonly. NFPA 70: National Electrical Code (NEC) 2017 outlines the installation requirements for these transformers and provides minimal guidance on sizing the transformers.
Transformer ratings
Transformers are rated using industry-accepted terms, such as capacity (kilovolt-amperes rating or kVA rating), voltage, temperature rise, and insulation class.
Capacity
Transformers are rated to carry a load, which is indicated by their kilovolt-amperes nameplate ratings at the rated output voltage and frequency. These are standard within the industry and include: 15, 30, 45, 75, 112.5, 150, 225, 300, 500, 750, and 1,000 kVA. There are several transformers larger than this on the utility level; however, they are not common, with the exception of large projects with campus-style distribution schemes.
Voltage
A transformer will have a primary and secondary voltage rating along with the wiring configuration. In U.S. facilities, the overwhelming majority of transformer installations are a step-down 480-V delta primary to 120/208-V wye secondary. Other voltage ratings and configuration types exist for special applications.
Unless there are strong technical reasons otherwise, most transformer installations should have a wye output. Whether the neutral is required for the downstream distribution system, this configuration provides a point to intentionally create the reference to ground; this is important as transformers are separately derived systems in which the ground reference is lost on the primary side and must be re-established on the secondary. A corner-grounded delta is possible, and often encountered in older installations, but has several disadvantages. The grounded phase must be labeled throughout the system, a higher line-to-ground voltage exists on two phases resulting in a reduced fault-current rating on circuit breakers, and circuit breakers must be marked 1- to 3-phase.
Energy efficiency
The U.S. Department of Energy (DOE) mandates transformer efficiencies. The most recent regulation, commonly referred to as DOE-2016, was adopted starting Jan. 1, 2016, and is a requirement for all transformers produced in or imported into the U.S. Manufacturers are permitted to sell all remaining inventories; most transformers at this time are compliant with DOE-2016.
Sound level
All transformers will give off both vibrations and audible noise caused by magnetic expansion and contraction of the cores. These vibrations cannot be entirely eliminated but may be mitigated with measures such as vibration-isolation pads and acoustically dense room construction.
Insulation class (also known as temperature class)
This rating describes the maximum temperature, in Celsius, at which the windings may operate without damage to the insulation. Several common insulation classes are 105, 150, 180, and 220.
It should be noted that NEC 450.21(B) requires a fire-resistant room (1-hour fire-rated construction) for transformers that are larger than 112.5 kVA with an insulation class below 155°C. The typical transformer specified today has an insulation class of 220°C and falls within exception No. 2.
Temperature rise
This is the average change in temperature at the windings from a no-load to full-load situation. Typically, this is expressed in degrees Celsius. This rating is usually standard based on the insulation class.
Standard dry-type temperature rise is 80°C, 115°C, or 150°C.
Standard oil-filled temperature rise is 60°C.
Hot spot allowance
The windings of a transformer core are not evenly heated during operation, instead the interior of the windings is hotter than the surrounding areas because they are farther from any ventilated openings. This is a set number as defined by industry standards and is associated with the insulation class. For example, a Class 105°C transformer will be allotted a 10°C hot spot allowance.
Ambient temperature
This rating specifies the average temperature of the space that the transformer will occupy over a 24-hour period. Typically, this rating is 40°C.
It should be noted that typically the maximum operating temperature for a transformer is:
Maximum temperature (°C) = ambient temperature + temperature rise + hot spot allowance
Nameplate
Each transformer is required to have a permanently affixed label indicating the requirements outlined in NEC 450.11(A). These are: manufacturer, rated kilovolt-amperes, frequency, primary and secondary voltages, impedance (if greater than 25 kVA), required clearances, quantity and type of insulating liquid (if any), and temperature class (see Figure 1).
Common transformer types Liquid-filled transformer
These units are filled with a liquid that acts as the cooling fluid and dielectric medium between the transformer cores. The most common types of liquids in use are mineral oil and less-flammable bio-based oils. Mineral oil is commonly used for exterior pad-mounted utility transformers and is considered combustible, with a flashpoint of less than 300°C. Typically the flashpoint of mineral oil is around 155°C. Bio-based oils do not contain petroleum and are made from vegetable oils. These bio-based oils have a much lower flashpoint—around 330°C—and are much more environmentally friendly; in the event of a leak, they will biodegrade within a month under normal conditions.
Indoor use is restricted to vault rooms and the installation must comply with NEC 450.26. These vaults are characterized by having exterior access, 3-hour fire-rated construction, liquid containment, and exterior ventilation per NEC 450.42. FR3 is a less flammable liquid with a flashpoint of around 316°C and is preferred for liquid-filled transformers located within the building. Installation requirements for transformers insulated with less flammable liquids are addressed under NEC 450.23. Indoor installations that comply with NEC 450.23(A)(1) do not require a vault or sprinkler protection.
Dry-type transformer
These units are air-cooled and are not liquid-filled. As these units rely on air to cool the core and windings through convection, they are typically larger than their liquid-filled counterparts. Within the dry-type family there are two specific subtypes: ventilated and nonventilated. Ventilated dry-type transformers have openings within their enclosures and allow air movement from the exterior of the enclosure to the coils within the enclosure. Nonventilated (or sealed) dry-type transformers are completely sealed and allow cooling through the surface area of the enclosure. These units are well-suited for wash-down areas as well as corrosive, combustible, or otherwise harmful conditions.
It should be noted that NEC-2017 currently has a typographical error in section 450.23(A) where it appears to limit indoor installations to vault rooms. However, this has been corrected in errata number 70-17-6, issued July 5, 2018. This corrects NEC 450.23(A)(1)(e), which requires less flammable liquid-insulated transformers installed indoors to be supplied with automatic fire suppression and liquid containment. NEC 450.23(A)(1)(f) requires that the less flammable oil-insulated transformer is installed in a vault to be subsets of NEC 450.23(A) instead of being supplemental requirements.
This correction now allows three options for indoor installation in lieu of the single way that the code appears to outline. For transformers less than 35,000 V, all three installations are acceptable: installation with liquid confinement and no combustibles stored in the room, installation with automatic fire suppression, or installation in a vault room. For transformers larger than 35,000 V, there is only one code-compliant installation, which is constructing a vault room.
Liquid-filled transformers operate with a standard temperature rise of 60°C above ambient. These transformers can sustain bursts of overload up 50% above a nameplate rating for short periods of time. The amount of time and overload capacity is directly related to the previous continuous loading and the winding temperature.
Resin cast coil
A cast coil or epoxy cast coil transformer is a dry-type transformer constructed with the primary and secondary windings fully encapsulated in a resin, which protects the transformer from moisture, corrosion, or other aggressive contaminants. These transformers have a standard ventilated dry-type enclosure.
The properties of this insulation provide a higher short-circuit strength and can sustain repeated short-duration overloads.
Harmonic mitigating transformer (HMT)
These transformers are specially designed to cancel out problematic harmonic currents (often these are the 3rd, 9th, 15th, or triplen harmonics) resulting from nonlinear loads. These transformers accomplish this through phase shifting and zero-sequence flux cancellation within the cores, preventing the harmonics from being reflected back to the primary winding of the transformer
K-rated transformer
These transformers are commonly used in applications involving harmonic currents, but they will not cancel out the harmonics in the same process as an HMT. Instead, this transformer has a derated core and will withstand the heating effects of harmonic currents. Additionally, this type of transformer will not prevent the harmonics from propagating up through the distribution system through the transformer primary.
The industry commonly refers to K-rated and HMT transformers as alternatives to each other because they are commonly used to address the same issue. However, the HMT will remedy the issue while the K-rated transformer is merely a solution to the transformer damage and does not address the harmonic currents for the entire distribution system.
Load types and sizing
When selecting a transformer, load calculations are completed as outlined within the NEC. Sizing of panelboards and branch circuits is typically done through calculations outlined in NEC Article 210, Branch Circuits, and NEC Article 230, Services. This calculation or summation of calculations shall be used in sizing the transformer. For example, a building that has a total NEC demand load of 60 kVA on the 120/208-V, 3 phase, 4-wire system.
To size the transformer, it is recommended to allow 25% future growth to the circuit and then adopt the next standard transformer size up. In this example, 60 kVA of demand load shall be multiplied by a factor of 1.25, resulting in a load of 89 kVA. Obviously, 89 kVA is not a standard transformer size and it is recommended to use the next standard size, which is 112.5 kVA.
Once the size of the transformer has been decided, the type of transformer shall be selected. The next logical step is to determine the load types that are in use on the downstream system. If the system has a high number of resistive or linear loads, the selection is quite easy and sends us to a standard dry-type or oil-filled transformer (depending on location, size, etc.). However, if there are several nonlinear loads, such as computer/servers with switch-mode power supplies, gaming slot machines, LED lighting, motors, or variable frequency drives (VFDs), an HMT should be considered.
Systems with harmonic loads commonly are designed with K-rated transformers in lieu of an HMT. It is important to note that an HMT will correct the issue while a K-rated transformer will only withstand the heating of the transformer core. The installation of a K-rated transformer is a solution if the system as a whole can withstand the harmonic currents without failures and the only point of concern is the premature failure of the transformer due to overheating the windings.
Locations
A specific location can make or break transformer selection. Depending on the space in which the transformer is intended to be installed, certain options may be completely off the table. For example, if you are in an indoor corrosive environment, the most effective options are either a nonventilated or cast coil transformer. Conversely, it may be too costly to use a liquid-filled transformer in a standard indoor application due to potential vault-construction requirements and oil containment.
Consideration also should be given to the location of transformers in relation to surrounding occupancies and replacement. Transformers produce an audible low humming and vibration that can propagate through the structure and surrounding spaces. It is common to furnish a transformer with vibration-isolation pads and flex-metal conduit for the final connection; these precautions prevent the vibrations from entering the building structure. However, the hum of the transformer will still be audible in surrounding spaces.
Vault room
When designing with a liquid-insulated transformer for installation within the building footprint, a vault room is often required by NEC 450.26. Less flammable liquid-insulated transformers also can fall under the constraints of a vault room, but this is slightly less common—and when selecting a less flammable liquid-insulated transformer, the intent is often to avoid construction of a vault room.
The room requirements are outlined in NEC 450, Part III, beginning with 450.41. There are several requirements outlined in Part III, such as ventilating the vault with outside air via ductwork or a flue, 3-hour fire-resistant construction, a 4-in. concrete floor, and oil containment for the largest transformer in the room. A typical 3-hour fire-resistant room will be constructed with 6-in.-thick reinforced concrete, which can add considerable cost and complexity to a project.
There is an exception to allow for 1-hour fire-resistant construction, with the use of sprinklers, carbon dioxide, or halon systems. These rooms typically are designed for utility transformers and services; in these cases, both the NEC and the utility’s requirements shall be followed.
Indoors
Dry-type transformers are the most commonly used transformers for indoor installation, as there are no restrictions on their location. As previously mentioned, if the transformer is larger than 112.5 kVA with an insulation class below 155°C, a 1-hour fire-resistant room shall be required.
However, this is atypical of most transformers specified today. Additionally, less flammable oil-filled transformers may be installed indoors with minimal requirements, such as either an automatic sprinkler system or liquid containment with no combustibles stored inside the room for transformers less than 35 kV. It is not uncommon to see smaller dry-type transformers installed on a wall-mount assembly, hung from the slab in an open-ceiling room, even hung from the slab with an open ceiling or above a drop ceiling. Per NEC 450.13(B), a transformer installed in a hollow building space shall not exceed 50 kVA.
Overcurrent protection
Transformers must be protected like any other component of a building’s electrical infrastructure. An entire article could be written discussing protection strategies, sizing, and requirements. These requirements are outlined in NEC 240.21 and 450.3. It is common practice to use NEC Table 450.3(B) and provide both the secondary and primary protection based on this table.
In conclusion, there are many details that come into play when selecting and sizing a transformer. Once a specific end use and location have been determined, the selection process can begin while considering and aggregating the topics outlined in this article. It is important to note that some end users may have their own requirements in addition to those listed here.


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Invasive pathogens present a significant threat to the UK forestry industry. Recent epidemics have highlighted the risks of overreliance on a narrow range of plantation forestry tree species. FR research trials have been established to assess alternative forestry species which have an overseas origin, but which might be suitable for production forestry in the UK. Key to their suitability will be the extent to which these species remain resilient when exposed to endemic pathogens present in the UK. This work aims to evaluate the pathogen threats to alternative forestry species and provenances in established trials.
In the summer of 2021 pathogen impacts were investigated at two replicated trial sites; one in the Scottish Borders and one in Gloucestershire, England. Both sites contained 1-3 provenances of 14 alternative conifer and broadleaf species, replicated three times in plots of 49 trees. Thirteen trees per plot were scored for a range of health variables. Samples were collected and the causal agents of damage identified using morphological and molecular methods. All tree species had some form of pathogen damage, with significant impacts of D. septosporum and the shoot pathogen Gremmeniella abietina on exotic radiata pine and maritime pine. In contrast Weymouth pine, which is native to eastern North America, appeared relatively unaffected. However, this species is highly susceptible to a serious disease known as white pine blister rust. Other pathogens of note included Swiss needle cast of Douglas fir, Sirococcus on Atlantic cedar, Pestalotiopsis sp. on Japanese red cedar and Neofusicoccum on Sequoia. Health surveys of other UK trial sites will continue in 2022 to allow a better understanding of the future commercial potential of these alternative forestry species.
FR is leading the work
Morton, L. 2021. Assessment of pathogen threats to alternative forestry species and provenances in the UK, with a focus on local pathogen impacts at field trials in Scotland and England. MSc Thesis, Harper Adams University.
Extending tree species and provenance choice, climate matching, frost impact and additional species to consider
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We Fight for Injured Victims in Arkansas Every Single Day
Individuals who are hurt at their workplace in Arkansas are typically permitted to collect monetary benefits under Arkansas’ workers’ compensation law to cover their medical expenses and their lost wages. However, there are situations when a worker is entitled to file a personal injury lawsuit against another individual or employee. Below, Ken Kieklak, an experienced Arkansas workers’ compensation attorney, discusses the factors that come into play when deciding to sue an individual for a workplace injury.
Arkansas Workers’ Compensation Benefits vs. a Personal Injury Lawsuit
Many workers in Arkansas suffer severe and debilitating injuries while on the job. Most people might only think about injuries occurring at construction sites or involving employees engaged in high-risk jobs. However, injuries happen in every line of employment. An officer worker could suffer carpal tunnel syndrome from hours of computer work or a store clerk could be injured while stocking shelves. No matter the type of injury, nearly every employee in Arkansas has the ability to seek compensation through a workers’ compensation claim if their injury occurred while on the job. Workers’ compensation claims can still be challenging, so it is crucial to have the representation of an experienced Arkansas Tyson Foods workers’ compensation lawyer to avoid possible problems.
Workers’ compensation was designed to be a streamlined process allowing injured workers to obtain monetary benefits without proving fault in a court of law. Despite the advantages, workers’ compensation has its drawbacks. An approved doctor must provide medical treatment, the amount of lost wages an injured employee could receive is capped, and a hurt worker is not entitled to recover for pain and suffering or other non-economic damages.
In a personal injury lawsuit, an injured employee must establish that another party was negligent. If successful, the hurt worker could recover their full lost income and their non-economic damages. However, under Arkansas law, an employee is ordinarily prohibited from suing their employer. Fortunately, this prohibition does not extend to third-parties or individuals. If you are injured at work, you should contact our Arkansas personal injury attorney to determine if another party could be held responsible for your damages.
Suing a Co-Worker for a Workplace Injury in Arkansas
The idea behind workers’ compensation law is to provide injured workers a faster and more efficient way to receive financial support if they are hurt on the job. As stated above, this benefit comes with some limitations. In most cases, an employer is immune from being sued for a workplace injury. Most states in the county afford a similar immunity to co-workers. However, Arkansas is one of four states that allow workers to file a personal injury lawsuit against a co-worker.
Suffering an injury at your workplace does not mean you automatically have a right to sue a fellow employee. Their negligent conduct must have contributed to or caused your injury. In some cases, another worker could be held accountable if their actions were deliberate. For example, if a fellow employee intentionally pushed you down a flight of stairs, they could be held liable for any injures you suffered.
Another employee does not have to intend harm to be held accountable for an injury. For instance, if a fellow worker was driving you to an off-site location under the scope of their employment and was involved in a car accident because they were speeding or otherwise driving recklessly, you could have a viable claim against them. When an injury is caused by an employee doing something outside the scope of their employment, they could be held personally responsible. The circumstances surrounding what occurred will determine whether you could sue a fellow employee. Our Fayetteville, AR workplace injury attorney will investigate the facts surrounding your injury to determine if a fellow employee could be to blame.
Third-Party Lawsuits for Work-Related Injuries in Arkansas
Some injuries in Arkansas workplaces are caused by the careless or negligent conduct of third-parties unrelated to your work. Our attorneys and staff will thoroughly review the facts and evidence regarding your injury to determine if a third-party contributed to and could be held responsible for the harm you suffered.
Driving to an off-site job location could result in a claim against another individual. An accident could be caused by another motorist driving negligently, either texting, drinking, or otherwise acting in a manner that endangered others. Even though you were driving for work and it was a work-related injury, you are permitted bring a claim against the negligent driver.
Some other examples of third-parties that could be sued because of their negligent conduct include a delivery person who carelessly stacks boxes of paper or other materials, an electrician who leaves live wires exposed in an office, and a building manager who fails to address poor lighting in a stairwell.
Third-party claims do not prohibit you from also pursuing a workers’ compensation claim. It is essential that you speak with our Fayetteville, AR workers’ compensation attorney so you understand your legal rights and options.
Call an Arkansas Workers’ Compensation Attorney Who Will Fight for Your Rights
Workplace injuries could be devastating, leaving individuals in pain and their families in a difficult financial position. While workers’ compensation benefits are available, they are not always sufficient to cover the full extent of harm done. Ken Kieklak, Attorney at Law, not only helps injured employees navigate the complexities of Arkansas’ workers’ compensation laws, he is also determined to hold anyone responsible accountable. By pursuing a civil claim, many injured workers could receive the additional compensation they and their families need. Call (479) 316-0438 to schedule a free appointment.
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Watch the entire panel discussion, our Facebook Live interview with SPSN Founder Steve Miska, and read a brief summary below:
Pacific Council member Melodi Miremadi interviews Steve Miska
At PolicyWest, the Pacific Council hosted a panel on “Strategically Protecting Soft-Networks,” or SPSN, a public-private project created in partnership with the Pacific Council which aims to engage policymakers on the issue of soft networks, and to advance research in the field. Soft networks are local allies based in conflict zones, who assist American diplomatic and military practitioners with translation, interpretations, and most importantly, cultural advising for understanding negotiations.
The panel included Steve Miska, a retired U.S. army colonel and founder of SPSN project, Fadi Matti, an Iraqi local national contractor who has worked along the U.S. military in Iraq, and Sarah Feinberg, a Marine Corps officer who offered up her home to a former USAID interpreter in Afghanistan, whose family sought refuge from the Taliban. The panel was moderated by Pacific Council Vice President of Initiatives, Megan Karsh.
Sarah Feinberg and Steve Miska on the Strategically Protecting Soft Networks Panel at PolicyWest
The panel elaborated on the vulnerabilities exposed to soft networks, including safety concerns like receiving death threats by local enemy organizations, in addition to the lack of an efficient Department of Defense framework protecting these individuals from being identified.
Matti spoke about his personal experience as a targeted contractor in Iraq, and how he had to negotiate with terrorist groups for the release of his captured brother. While the DOD offers a Special Immigrant Visa for Soft Network officers, little effort is placed on other tools of protection.
Fadi Matti on the Strategically Protecting Soft Networks Panel at PolicyWest
The panelists were mostly concerned with advocating on behalf of the policy development process to create practices of proactive protection, especially focused on methods of securing identities in conflict zones, which would leave the Special Immigrant Visas as a last resort.
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Learn more about the project to Strategically Protect Soft Networks here.
The views and opinions expressed here are those of the speakers and do not necessarily reflect the official policy or position of the Pacific Council.


In the U.S. today, nearly 40% of food goes to waste. Much of this is the unintended consequence of laws regulating the food industry, such as standards for appearance, blanket sell-by dates that prohibit “expired” food from being donated, and laws that ban backyard fruit and vegetable gardens. Linnekin, a lawyer, adjunct professor at George Mason and American Universities, and founder and executive director of Keep Food Legal, surveys a variety of food regulations, interviews people involved in producing, selling, and preparing food, and spotlights the regulations that have been successful in promoting a sustainable, clean, and equable food supply.
ISBN:9781610916752 Availability:Special Order—Subject to Availability Published:Island Press - September 15th, 2016


Frame use generally did not differ significantly between same and mixed motivational conditions. Many findings were nonetheless in the predicted direction with large effect sizes suggesting that statistical power was deficient.
Cooperatively and competitively motivated negotiators were predicted to show increased frequency in the use of cooperatively- and competitively-oriented frames respectively, but no strong evidence was found to support this hypothesis. An analysis of each frame separately, showed that competitors used competitive aspiration frames significantly more often than did their cooperatively motivated counterparts. Moreover, there was a trend to suggest that competitors used power/rights-based justification frames to a greater extent than did their cooperatively-motivated counterparts. These findings were consistent with research that suggests that more self-interested behaviours are typically demonstrated by competitively motivated negotiators (Olekalns et al., 1996). Greater use of the power/rights-based justification frame by the competitively-motivated negotiators is also consistent with previous research whereby these negotiators have been found to use their perceived authority or privilege to pursue their objectives in negotiation (Carnevale & Pruit, 1992). These findings support the idea that the types of behaviours likely to be observed between two competitors, that is, competitive behaviours, may be the manifestation of more competitively-oriented framing of information.
Interestingly, the current research found that the three frames classified as being more cooperative in orientation were not used to differing degrees by negotiators in the cooperative and competitive conditions. The current finding does not align with past research that suggests that competitors are less inclined to frame information in a cooperative manner (Olekalns, 1996) and perpetuate a cycle of disagreement and rejection of offers (Carnevale & Pruitt, 1992; Deutsch, 2000). Because the manipulation of social motivation was effective in that negotiators in the cooperative condition reported behaving significantly more cooperatively than negotiators in the competitive condition, this finding raises the possibility that the characterisation of frames did not adequately capture the differences between cooperator framing and competitor framing. This possibility will be discussed further when the theoretical limitations of the study are examined.
One notable finding emerged for the comparison of same and mixed motivation dyads: namely, mixed motivation negotiators used significantly more non-inclusive process frames than did other negotiators. Research suggests that process-related frames are used when negotiators are struggling to progress on an issue (Carroll & Payne, 1991). These conditions may be intensified when negotiators adopt opposing motivational orientations. In the current study, the difference in motivational orientation, wherein one party was motivated to act in a more cooperative fashion and the other in a more self-interested way, may have promoted differences in the tendency to discuss and explore the issues involved (Olekalns, 1996). This difference may have frustrated the negotiation and created a situation where disputants ceased negotiating and explicitly discussed the negotiation process itself, thus employing non-inclusive process frames. The use of non-inclusive process frames in this negotiation break is akin to the concept of a temporary impasse (Harinck & de Dreu, 2004). A temporary impasse can ensue when both parties realise that their behaviour is not bringing them closer to reaching an agreement. During this temporary break from the negotiation, negotiators can reflect on their behaviour and, consequently, may return to negotiating using more of a cooperative, problem-solving approach. The potential use of non-inclusive process frames in the negotiation process will be examined more closely when use of certain frames across the negotiation is discussed in following sections.


If your child was sick, your family’s safety in danger, you were being kicked out of your home, or your water was being poisoned—what would you do?
Would you demand justice?
Across the globe there are hardworking activists, community leaders, and organizations working at the grassroots level to do just that. They face an uphill battle when large Canadian extractive companies go into their communities to search for and extract minerals, oil, and gas. These companies are all too often accused of damaging the environment and employing staff who use extreme violence, including cases of rape and murder, when local leaders speak up against corporate practices.
Those harmed by Canadian companies abroad often find they have nowhere to seek justice. Victims often face significant barriers to accessing justice at home, including heavy costs, inadequate environmental and human rights protections, corruption and ineffective or non-existent out of court mechanisms. That’s why Canada must uphold its international human rights obligations and prioritize human rights over mining profit!
The Canadian government provides significant support to Canadian mining companies working abroad, including political and financial backing. For years, the government has heard experts, witnesses, and victims testify to the devastating human rights violations these companies sometimes perpetrate.
The United Nations has called on Canada to uphold its international commitments with regards to corporate abuse happening abroad. Yet, Canada continues to prioritize business over justice.
The members of the Canadian Network on Corporate Accountability launched the #Open4Justice Campaign to call on the government to open Canadian courts to those alleging harm by Canadian mining companies overseas. We are also calling for an Ombudsman dedicated to the extractive sector with an effective mandate.


Against traditional economic thinking, we do not discount the value of things at a costant rate, where it is less valuable the father out into the future. Instead, we may judge something as less valuable because we are not willing to wait for it now, but we might be willing to value it more when it is far out into the future; waiting for a week and a year may feel the same to us in the present.


The IRS plans to audit the wealthiest corporate, partnership, and individual taxpayers to achieve some of its main objectives in 2022.
In his recent testimony before Congress, IRS Commissioner Charles P. Rettig identified the allocation of additional resources to enhance the IRS’s data analytics tools, including:
Enforcement: $340 million for continuing to establish enforcement strategies that will ensure a fair tax system, by allowing the IRS to eventually double its compliance efforts on partnerships and high-wealth returns and devote more resources to examining large corporations with balance sheet assets greater than $10 million. Other initiatives supported by this investment include the Cross-Border and Treaty and Transfer Pricing Operations; expansion of oversight efforts against cybercrime; increased use of applied data analytics in enforcement activities; and enhancing taxpayer confidence in the tax-exempt sector.
The IRS receives massive amounts of data through tax returns, informational returns, sister agencies, foreign governments, leaks, and non-state third parties. The more perfect the algorithms they use to sift through this data, the higher the likelihood they will be able to target tax avoidance, both criminal and civil. The IRS is actively looking at AI techniques, such as machine learning, to further refine its data analysis.
This post is a part of a series on trends in the artificial intelligence space for 2022, authored by MoFo lawyers.


Robotic device is made to draw blood
We've already seen a robotic device that's capable of inserting intravenous needles in people's arms. Now, researchers from New Jersey's Rutgers University have designed an automated system for drawing and analyzing blood samples, which could potentially increase efficiency and reduce the human error factor in medical settings.
Patients would start by placing their arm underneath the system's "venipuncture robot," which would use its image-guidance system to locate a vein. It would then proceed to draw blood from that vein, transferring the sample into a centrifuge. From there, the separated blood would be computer-analyzed via a microfluidic platform.
So far, the setup has been successfully tested on artificial arms with plastic tubes standing in for blood vessels, filled with a blood-like fluid containing fluorescent microbeads. Using that fluid, the device has performed "highly accurate" simulated white blood cell tests.
Down the road, it is hoped that the system could be adapted to rapidly perform other types of tests, in settings such as ambulances, emergency rooms, clinics and doctors' offices.
"This device represents the holy grail in blood testing technology," says Prof. Martin L. Yarmush, senior author of a paper on the study. "Integrating miniaturized robotic and microfluidic (lab-on-a-chip) systems, this technology combines the breadth and accuracy of traditional blood drawing and laboratory testing with the speed and convenience of point-of-care testing."
The research was led by Dr. Max Balter, and is described in the journal
Technology.
Source: Rutgers University


A mild haemophilia A (factor VIII [FVIII] 10%) was discovered in a 73-year-old man during the preoperative haemostasis tests before a total knee arthroplasty for treatment of degenerative senile arthropathy. No history of previous abnormal bleeding was noted in spite of several previous challenging surgical procedures. Acquired haemophilia was ruled out and no other cases of haemophilia were found in the family. The surgery was successfully performed under recombinant FVIII aimed at achieving an FVIII level above 60%. This therapy induced the transient appearance of low-titre FVIII antibodies. A still unpublished mutation within the exon 3 (Gly73Ala) was found with molecular studies. This case report underlines the importance of haemostasis tests before high-risk bleeding surgical procedures even in elderly patients without a past history of haemorrhagic tendency.


In August, President Biden announced his intention to appoint Dr. Monica M. Bertagnolli as the newest director of the National Cancer Institute (NCI). Yesterday, Bertagnolli began her tenure as the 16th NCI director and , notably, the first woman to take on this crucial role overseeing the largest center under the National Institutes of Health (NIH) umbrella. Bertagnolli specializes in treating patients with gastrointestinal cancers and soft tissue sarcomas. She has led a prolific career in which, beyond treating cancer patients, she has excelled in training translational researchers and advancing research to understand cancer better and improve survivorship.
Bertagnolli attended Princeton University as an undergraduate and received her medical degree from the University of Utah. After medical school, she completed a residency at Brigham and Woman’s Hospital in Boston, Massachusetts. Bertagnolli also worked as an attending surgeon at New York Presbyterian Hospital–Cornell and as an associate surgeon at the Strang Cancer Prevention Center. Before her recruitment to the NCI, Bertagnolli served as a Professor of Surgery at Harvard Medical School and a surgical oncologist at Brigham and Woman’s Hospital. Additionally, she practiced with the Gastrointestinal Cancer Treatment and Sarcoma Centers at Dana-Farber Cancer Institute
Bertagnolli’s research program focuses on the Adenomatous Polyposis Coli (APC) gene, a well-established regulator of colorectal tumor development. APC gene mutation can result in a serious disorder called Familial Adenomatous Polyposis (FAP). FAP is a hereditary condition characterized by abnormal growth of polyps forming on tissues in the colon and rectum. FAP remains a serious risk factor associated with colorectal cancer, and Bertagnolli’s research uses mouse models of the disease to understand how alterations in APC accelerate or mitigate, cancer risk.
Some of the discoveries made in the Bertagnolli laboratory include associating overexpression of an enzyme called Cox-2 with tumor development, uncovering the role of estrogen receptor signaling in colon cancer formation, correlating BRAF mutations with poor colon cancer prognosis, and improving prognostic staging criteria for colon cancer by evaluating lymph nodes and tumor deposits.
Biden’s announcement to appoint Bertagnolli noted how she would serve as a powerful voice for cancer patients in support of the Cancer Moonshot, one of the President’s signature initiatives. Additionally, the White House indicated that Bertagnolli’s experiences would help her advance health care in rural and remote communities. Indeed, her research record indicates her well suited to expand the inclusivity of cancer care and prevention to these populations.
As Dr. Bertagnolli takes the helm as the first woman director at the NCI, she will inspire future generations of translational cancer researchers! I look forward to seeing how she transforms a new era of cancer research!


Panic attacks are abrupt episodes of severe fear or discomfort accompanied by other symptoms. While panic attacks have significant symptoms—such as chest pain, sweating, difficulty breathing, and a fast heartbeat—they are usually not physically harmful.
Panic attacks can occur in the context of several mental health and other conditions, including panic disorder. Breathing exercises can slow your heart rate and breathing and help you calm down.
This article discusses breathing exercises you can use during a panic attack and how to perform them.
Breathing Exercises for Panic Attacks
There are a variety of breathing exercises you can employ during a panic attack to slow your breath and calm down.
4-7-8 Breathing
Dr. Andrew Weil developed the 4-7-8 breathing technique to help ease anxiety and help with stress-related health issues. Perform this exercise while seated in a comfortable position.
Touch the tip of your tongue to the roof of your mouth, just behind your upper teeth. Keep your tongue in this position throughout the exercise. Breathe out through your mouth, emptying all the air from your lungs. Make a "whoosh" sound as you exhale. Close your mouth and breathe in through your nose for a count of 4. Hold your breath and count to 7. Breathe out through your mouth for a count of 8, making a "whoosh" sound as you exhale. Repeat this cycle for three to four breaths. Over time, work your way up to eight breaths—this is the maximum recommended by the creator of this breathing technique. Lion’s Breath
Lion's breath is a type of yogic breathing known as pranayama. Perform this exercise while seated comfortably in a chair or on the floor.
Breathe in deeply through your nose, allowing your belly to expand as you fill your lungs with air. When you can't breathe in more air, open your mouth wide and stick your tongue toward your chin. Breathe out forcefully through your mouth while making an "Ahh" sound. Repeat for several breaths. Alternate Nostril Breathing
Alternate nostril breathing is an effective way to slow breathing during a panic attack. It can also temporarily decrease blood pressure.
Sit in a comfortable position. Place your right thumb on your right nostril and your right ring and pinky finger on your left nostril. Close your right nostril with your thumb and breathe out through your left nostril. Breathe in through your left nostril. Release your right nostril and close your left nostril with your right ring and pinky finger. Breathe out through your right nostril. Breathe in through your right nostril. Close your right nostril and breathe out through your left nostril. Continue this pattern for several breaths. What to Expect During Breathing Exercises
Early on, breathing techniques for panic attacks can cause lightheadedness. If this happens to you, breathe normally for several minutes between cycles of breathing exercises. Gradually decrease the number of normal breaths until you can perform the breathing exercises as recommended.
Additional Ways to Treat Panic Attacks
In addition to calming breathing exercises, there are other strategies you can use to decrease your symptoms during a panic attack.
Relax Your Muscles
Muscle tension often occurs during a panic attack. Progressive muscle relaxation is a technique you can use to help reduce symptoms of stress and anxiety. This technique involves tensing and relaxing muscles throughout the body in a specific order, from the top down or the bottom up.
Recognize What Is Happening
When you start to have a panic attack, take a break from whatever you are doing. Remind yourself that your body and brain are overreacting to the actual circumstances of your situation.
Recognize irrational thoughts that might be contributing to your panic attack. For example, your racing heartbeat might make you think you will die. However, focusing on your breath and practicing calming techniques in these moments can help your heartbeat slow down.
Try Grounding Methods
Grounding techniques can help shift your focus back to the present during high anxiety, such as a panic attack.
The 54321 grounding exercise is one way to engage all five senses. Look around your environment and find:
Five things you can see Four things you can feel Three things you can hear Two things you can smell One thing you can taste
Preventing Panic Attacks
Panic attacks can't always be prevented. Most occur without a clear trigger, and they can even happen while you're relaxing or after falling asleep.
However, for some people, tracking symptoms can help identify potential triggers. Keep a journal and write down the environment where your attacks occurred, the circumstances, and what you felt.
Panic Attack or Heart Attack?
Symptoms of a panic attack and heart attack can be similar. Both conditions can cause difficulty breathing, sweating, dizziness, nausea, chest pain, tingling in the arms, and a sense of "impending doom."
If you are experiencing chest discomfort, seek medical attention to rule out a potentially life-threatening condition. Once you've been diagnosed with panic attacks or anxiety, you will be better able to discern the cause of your symptoms if they occur again.
Summary
Panic attacks are sudden, often unexpected episodes of intense fear accompanied by many uncomfortable physical and emotional symptoms. Breathing exercises can help calm your mind and reduce these symptoms during a panic attack. Examples include 4-7-8 breathing, Lion's breath, and alternate nostril breathing.
Other techniques, such as progressive muscle relaxation and grounding techniques, can also be used during panic attacks. If you suspect you are having a panic attack but have not been given a diagnosis, seek medical attention to rule out serious medical causes of your symptoms, such as a heart attack.
A Word From Verywell
While panic attacks are not life-threatening, they can significantly interfere with your daily life. If you aren't finding relief from breathing exercises or other self-help methods to manage symptoms, talk to your healthcare provider about other treatment options, such as medications and psychotherapy.
Frequently Asked Questions
What's the 54321 method for panic attacks?
The 54321 grounding exercise can help decrease anxiety during panic attacks or other stressful situations. It engages all five senses by finding these things in your environment: five things you can see, four things you can feel, three things you can hear, two things you can smell, and one thing you can taste.
How can I stop panic attacks forever?
Unfortunately, there's no magic cure for panic attacks. Sometimes they resolve on their own, while other times they continue to occur. However, treatments such as medications and psychotherapy can help reduce the frequency of panic attacks and help you manage your symptoms.
How many times a day should you do breathing exercises?
While there's no set rule for performing breathing exercises, practicing two or three times per day for a few minutes will make it easier for you to use these techniques during a panic attack.
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Presented on March 1, 2022
Justin Neff, Partner, Moss Adams
Colleen Rozillis, Partner, Moss Adams
Pursuing environmental, social and governance (ESG) initiatives can help accelerate your business’s mission and transform your culture while strengthening brand value and your bottom line.
Explore how you can align your business practices with ESG principles to start or continue your journey with the right goals and the confidence you need to move forward.


Though Broadway performances will not return from their coronavirus-induced hiatus until at least January of next year, IATSE—the union covering stagehands, front-of-house workers, hair stylists, makeup artists, wardrobe team members, and other behind-the-scenes technicians—has begun to share guidelines for its members and their employers upon reopening.
The newly released, 27-page document reviewed by medical experts calls for the implementation of various steps for venues, including but not limited to the providing of required PPE, the establishment of an autonomous COVID-19 Compliance Officer program, staggering call times, daily screening, and assured communication and fluidity of protocols (and consequences for violations) based on adequacy.
Additional requests affect how audiences interact with the theatre as well, including eliminating all backstage tours and post-show stage door greetings, and having theatregoers acquire their own Playbills (instead of receiving them from ushers).
The requests follow similar calls from another major union in the theatre industry, Actors’ Equity. Earlier this month, Equity shared testing guidelines and a pre-production safety sheet that theatre companies across the country must abide by before its members, including performers and stage managers, will be permitted to return to work.


Green synthesis and photophysical properties of novel 1H-imidazo[4,5-f][1,10]phenanthroline derivatives with blue/cyan two-photon excited fluorescence 1H NMR, 13C NMR, MS, and elemental analysis. Their photophysical properties, including linear absorption, one–photon excited fluorescence, two–photon absorption, and two–photon excited fluorescence, were systematically investigated in various solvents. The results demonstrate that all the compounds emit relatively strong blue/cyan fluorescence.
Publisher URL: www.sciencedirect.com/science
DOI: S0040402017303332
Keeping up-to-date with research can feel impossible, with papers being published faster than you'll ever be able to read them. That's where Researcher comes in: we're simplifying discovery and making important discussions happen. With over 19,000 sources, including peer-reviewed journals, preprints, blogs, universities, podcasts and Live events across 10 research areas, you'll never miss what's important to you. It's like social media, but better. Oh, and we should mention - it's free.
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In
County of Butte v. Department of Water Resources (2022) 13 Cal.5th 612, the California Supreme Court partially reversed an opinion from the Third District Court of Appeal that CEQA is completely preempted by the Federal Power Act (FPA), finding instead that CEQA is only partly preempted. Specifically, the Supreme Court held the FPA preempts an agency’s application of CEQA to the extent that it interferes with the federally established licensing process, but not when CEQA is used to make decisions concerning matters outside federal jurisdiction or those compatible with the federal government’s exclusive licensing authority. Background
This consolidated litigation addresses a license renewal for the Oroville Facilities, a collection of public works projects, including hydroelectric facilities, in Butte County. As part of the renewal process, the California Department of Water Resources (DWR) engaged the alternative licensing process (ALP) authorized by the Federal Energy Regulatory Commission (FERC) prior to applying for relicensing. The ALP process allowed DWR to engage with stakeholders and develop a settlement agreement addressing their concerns, which effectively functions as a first draft of the FERC license. Following five years of negotiations, all but two of the stakeholders signed on to the settlement agreement, which DWR submitted to FERC. The Counties of Butte and Plumas did not sign the agreement. Following submission of the settlement agreement and licensing application by DWR, FERC prepared an Environmental Impact Statement (EIS) pursuant to NEPA, which considered several alternatives, including a “staff alternative” with modifications from the FERC staff. The EIS concluded the “staff alternative” was the preferred alternative.
Also following submittal of the relicensing application, DWR prepared an EIR pursuant to CEQA, analyzing implementation of the settlement agreement and continued operation of the Oroville Facilities as the “project” under CEQA and the same alternatives considered by FERC. DWR prepared the EIR to comply with additional permitting requirements under the Clean Water Act, for which the State Water Resources Control Board was the lead agency, and to help DWR determine whether to accept a license containing the original terms or the “staff alternative.”
Procedural History
Butte County and Plumas County separately filed petitions for writ of mandate, each challenging DWR’s compliance with CEQA in connection with the relicensing of Oroville Facilities. The cases were later consolidated.
The trial court found DWR’s EIR adequate, and the Counties appealed. On appeal, the Third District declined to reach the merits of the case, holding that the Counties’ CEQA claims were entirely preempted by the FPA, the purpose of which is to “facilitate the development of the nation’s hydropower resources” by centralizing regulatory authority over dams, reservoirs, and hydroelectric power plants in the federal government. The California Supreme Court granted the Counties’ petition for review but subsequently transferred the matter back to the Court of Appeal for reconsideration in light of
Friends of the Eel River v. North Coast Railroad Authority (2017) 3 Cal.5th 677 ( Friends), which held that the Interstate Commerce Commission Termination Act (ICCTA) does not necessarily preempt a State agency’ compliance with CEQA for a new railroad project, and that State, as a railroad operator, could voluntarily subject itself to compliance with CEQA without conflicting with the ICCTA. On remand, the Third District affirmed its earlier holding that CEQA was preempted by the FPA.
The California Supreme Court again granted the Counties’ petition for review to determine whether the FPA preempts CEQA when the state is acting on its own behalf and exercising discretion in relicensing a hydroelectric dam.
The California Supreme Court’s Decision on Preemption
A five justice majority of the California Supreme Court held that CEQA claims are preempted insofar as they conflict with the FPA’s licensing scheme, but not where CEQA is used to make decisions concerning matters outside federal jurisdiction or those compatible with the federal government’s exclusive licensing authority. Specifically, the court determined that any CEQA challenge to the ALP and the terms of the settlement agreement and license being considered by FERC were preempted by the FPA. However, because DWR’s compliance with CEQA was not limited to the FERC relicensing, the Counties’ broader challenges to the adequacy of DWR’s EIR were not preempted. The Court concluded that DWR could use the environmental conclusions reached through the CEQA process to aid its decision whether to accept FERC’s “staff alternative” or request modification to the terms of the license issued by FERC, which the FPA allows.
The Court discussed the federal and state law principles applicable to the case before it, including the presumption against preemption for a state-owned, or state-operated project. The FPA does not include an “express” preemption clause, so the issue was whether “conflict” or “field” preemption applied. The Court concluded that the distinction between the two types of preemption was not meaningful here, particularly considering the presumption that, absent a clear statement of Congressional intent that state regulation is preempted, federal law will not be interpreted as interfering with state-owned or state-operated projects. The Court also found federal caselaw applying “field” preemption to state regulatory schemes related to the FPA distinguishable because those cases addressed state attempts to regulate private actors seeking licensing under the FPA. The Court stated that CEQA, in the context of a state agency applying for a federal license, constitutes “self-governance” rather than traditional state regulation of private actors that has been held preempted in the past.
The Court acknowledged that state courts could not require a CEQA remedy inconsistent with federal law, including the FPA, but noted that the Counties had dropped their previous request to enjoin FERC’s licensing process pending DWR’s compliance with CEQA. The Court reasoned, however, that DWR’s compliance with both CEQA and the FPA was possible without creating any conflict. Specifically, DWR used CEQA analysis, in part, to determine whether it should accept a license from FERC containing the proposed terms or those modified by FERC staff. Similarly, the FPA allows applicants to amend their licensing applications or request that FERC modify the terms of the license. DWR could thus use the environmental conclusions reached in the CEQA process to make its own decisions and then make appropriate requests to FERC without intruding on FERC’s jurisdiction. Just as FERC was not required to issue a license wholly consistent with the terms of the settlement agreement, FERC retained jurisdiction to consider, but in no way be bound by, any subsequent requests from DWR. For these reason, environmental review at both levels of government did not overlap to invoke conflict preemption.
The Court also concluded that any preemption issues related to DWR’s adoption of specific mitigation measures demanded by the Counties were premature, as no court had ruled that any additional mitigation was required. The question before the Court was whether any CEQA challenge to DWR’s EIR was preempted by the FPA, the Court ruled such a challenge, in the abstract, was not inherently preempted. Additionally, the Court noted that it may be possible for DWR to adopt mitigation measures that are either outside of FERC’s jurisdiction or compatible with FERC’s licensing authority. Again, FERC could simply deny any request from DWR that conflicted with the FPA or FERC’s licensing authority.
In sum, where the Counties’ CEQA challenges seek to undermine a FERC license or associated terms, they are preempted by the federal government’s exclusive licensing authority under the FPA. However, Counties’ CEQA claims which implicate the sufficiency of an EIR to inform state self-governance and decision-making are not preempted.
The Concurring and Dissenting Opinion
Notably, the Chief Justice, and author of the
Friends decision, filed a concurring and dissenting opinion. The Chief Justice agreed that any CEQA challenge to FERC’s licensing process including the settlement agreement was preempted but disagreed that broader CEQA challenges were not similarly preempted. The dissent reasoned that, in addition to “field” and “conflict” preemption, state law that constitutes an “obstacle” to the purposes and objectives of federal law would be similarly preempted. Here, given the history of federal caselaw concluding that state regulation of hydroelectric facilities is preempted by the FPA, and the express “savings clause” in the FPA reserving regulation of water rights to the states, the Chief Justice concluded that CEQA is an “obstacle” to the objectives and purpose of the FPA, particularly where the FPA licensing process included multiple equivalents of CEQA through the ALP and FERC’s compliance with NEPA and does not contemplate delays caused by state court review of CEQA compliance.
The dissent also concluded that CEQA was subject to “field” preemption because CEQA did not involve state regulation of water rights. The Chief Justice also noted that, while none of the federal FPA preemption cases addressed state-operated projects, the concept of “field” preemption (i.e., where Congress truly intends to “occupy the field”) is broad enough to preempt all state regulation, regardless of who the operator is.
Turning to
Friends, the Chief Justice characterized her decision in that case as concluding that CEQA is exempt from preemption under the ICCTA as an example of “self-governance” by the State. Given the purpose of the ICCTA was to deregulate railroads, and thereby allow greater “self-governance” by railroad operators, the State’s voluntary compliance with CEQA was not preempted. In contrast, the dissent concluded that the FPA’s purpose and objectives is to vest exclusive regulation of hydroelectric facilities in FERC and to exclude all state regulation, with the exception of water rights. The Chief Justice concluded that, unlike the ICCTA, the FPA (including the federal caselaw interpreting the FPA) made it “unmistakably clear” that all state regulation of hydroelectricity facilities, except regulation of water rights, is preempted.
Lastly, the dissent concluded that finding CEQA only partially preempted was unworkable because a ruling that DWR’s CEQA compliance deficient would not impact FERC’s decision on whether to issue the license. Forcing DWR to perform additional analysis or consider additional mitigation or alternatives would be an exercise in generating paper, without any practical effect. As the Majority Opinion acknowledges, FERC has complete discretion to deny any request to alter the terms of the license, regardless of whether DWR believes such changes to be necessary to comply with CEQA. The dissent also found that requiring CEQA compliance in this case, where multiple environmental studies have been prepared for FERC’s consideration during the licensing process, would be redundant and have little practical benefit.
By Jordan Wright and Nathan George


May 16, 2022
An international team of astronomers tracked Neptune’s temperatures over a period of 17 years and found an unexpected drop in the planet’s global temperatures followed by a considerable warming at its south pole. A year on Neptune lasts for 165 Earth years, while a season lasts for around 40 years. Since 2005, the southern hemisphere of Neptune has experienced summer.
According to data collected, the average temperature of Neptune dropped by 8°C between 2003 and 2018. A dramatic warming of Neptune’s south pole also surprised astronomers when temperatures rose 11°C between 2018 and 2020. Astronomers are not able to explain the reason for these fluctuations but they believe it could be caused by weather patterns, changes in Neptune’s stratospheric chemistry or the solar cycle.
Did You Know?Neptune is the windiest planet in the solar system.


We are often asked by growth company equity investors, founders and management teams, “How much debt can be raised, and what are market terms?”
In short...it depends. Within the emerging company market where we focus (<$100m revenue; pre- or early profit), loan terms and structures are diverse. Venture debt terms and availability are not only company- and situation-specific, but also vary widely across lenders (even those of the same makeup).
This is not the world of commercial paper or even leveraged loans where terms tend to be tightly banded.
Using (appropriately liberal) ranges, we outline current growth lending market terms and key drivers.
CLICK HERE or BELOW:


Your knee joint is held together by four ligaments:
If any of these ligaments are torn, injured, or otherwise damaged, you may feel pain and instability in your knee.
Athletes are more likely than the average non-athlete person to sustain an injury to their MCL or PCL due to the way their bodies move while playing sports and being active. MCL and PCL injuries are caused by traumatic injuries such as a twisting injury, a fall with force, or excess force on the knee joint.
The PCL is approximately two inches long. It’s purpose is to connect the tibia (shinbone) at back of your knee to your femur. As a result, the PCL limits the tibia’s ability to move backward.
A PCL tear can result from overextending or twisting your knee. This type of knee injury will leave your knee unstable and possibly unable to support your weight without significant pain or struggle. Schedule an appointment today.


The economic impact that orthopaedic surgeons have on their communities was the focus of Day 4 during Orthopaedic Advocacy Week 2022.
In addition to having a positive, lasting impact on the patients they treat, orthopaedic surgeons also play a significant role in the national and state economies. They hire within the community, create jobs with strong wages and benefits, and ultimately generate state and local tax revenue. This economic output—the value of the goods and services provided—helps other businesses grow and prosper as well. Nationwide, orthopaedic surgeons contribute $74 billion in economic output, more than 411,000 jobs and nearly $36 billion in wages in benefits.
The downloadable infographics below, which were created with data from the AMA Economic Impact Study, demonstrate the impact that orthopaedic surgeons have on the health of their states' economy.
AAOS members may use them on social media or with policymakers to support advocacy efforts.


Progressive organizations that are driving successful Digital Transformations are increasingly using Multiple Clouds. Many do not want to place all their eggs in the same basket. Multi-Cloud architecture empowers organizations to innovate faster. Some benefits include distributing their workloads across clouds while mitigating risks associated with individual environments. This value proposition alone justifies widespread growth and adoption of multi-cloud infrastructure solutions in the future.
However, there are serious challenges with a Multi-Cloud strategy including: siloed management of multi-cloud environments, lower latency, redundancy, increasing compliance requirements, cost control, and complex data privacy regulations. This is why the BigRio team has created a Multi-Cloud Framework. This Well Architected* approach can provide a roadmap to make the right resource, budgetary and technical choices for your enterprise.


Creator: Date: Abstract:
A techno-economic study is conducted to calculate the levelized cost of energy for a renewable energy driven zero-carbon energy system that utilizes hydrogen as the primary energy carrier and ammonia as a hydrogen carrier for seasonal storage. The case study is for the off-grid Northern & Remote Community of Rankin Inlet located in the Canadian territory of Nunavut. The study is novel as it includes all energy sectors: heating, electricity, and transportation, with a comparison of two different configurations - one with hydrogen/ammonia production on-site, and the second with imported ammonia, both driven by wind energy. The lowest levelized cost of energy is obtained where ammonia is imported and where there is a high penetration of wind energy in the microgrid. The results demonstrate that such a zero-carbon energy system is economically feasible and is a viable option for those off-grid Communities that benefit from a high wind energy potential.


In September 2015, the United Nations member states, including South Africa, adopted the 2030 Agenda for Sustainable Development, replacing the Millennium Development Goals, with a set of 17 Sustainable Development Goals (SDGs) and 169 targets.
A significant shift in the development of these new goals was the recognition that a broader range of factors such as violence and insecurity contribute to ongoing underdevelopment, and that unless these are addressed in a comprehensive manner, the main aims of the 2030 Agenda, namely, to reduce poverty and promote health and education, will not be achieved.
Goal 16 which focuses on promoting peaceful and inclusive societies makes a clear connection between development, peace, security and arms control, with Target 16.4 of Goal 16 making the link explicit: reducing ‘illicit arms flows’ is an important contributor to building peaceful societies.
Briefing 6 explores Target 16.4 of Goal 16 in more detail, with a particular focus on what steps South Africa needs to take to ‘significantly reduce illicit… arms flows by 2030’, which in effect means mopping up the existing pool of illegal guns and reducing the movement of guns from the legal to the illegal market.


Disasters bring with them great challenges. Rescue, response and recovery are followed by reconstruction and rebuilding lives. But the work doesn’t stop there. Reducing the risk of future disasters is key to preventing the loss of more lives.
This edition of Footsteps includes practical examples and guidance, with features on early warning systems, working with displaced people, preparing for disasters and disaster risk reduction.


Who hasn’t been shocked by a recent electricity or gas bill? And who isn’t infuriated that power prices have risen so sharply? In a country as abundant with resources as ours it defies logic that there are now some Australians who can’t!-->…
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The green energy transformation in the EU must not take place at the cost of the energy security of the whole continent, Polish Prime Minister Mateusz Morawiecki warned in an article for the Financial Times published on Monday.
Morawiecki began by stating that “Russia’s brutal attack on Ukraine has cast a shadow over the dreams shared by hundreds of millions of Europeans of building a secure and prosperous future based on sustainable and equitable development.”
He stressed that “regaining stability and achieving decent living conditions for the people of Europe now requires abandoning some important assumptions, especially where energy policy is concerned.“
The Polish prime minister argued that Poland’s position on the matter is now being seen to have been proven correct. “Until recently, the EU’s energy policy was concerned solely with climate change. Today, other member states agree with Poland, which has long emphasized the need to diversify energy sources, build up gas reserves and wean ourselves off Russian fossil fuels. In addition to climate protection, the energy security of countries is now paramount.”
He warned that Russian President Vladimir Putin’s “energy blackmail and the war in Ukraine are already contributing to a significant increase in electricity prices and a significant increase in inflation.” He added that Europe “has a very important lesson to learn” and “must drastically reduce the costs of CO₂ emission allowances, which are a decisive factor in energy prices and which have risen considerably in recent years.”
Morawiecki was critical of the Emission Trading System (ETS) regime and claimed: “Rather than stimulating the development of green energy, the current ETS drives inflation and threatens to send millions of citizens into fuel poverty.” He instead proposed “freezing the price of CO₂ emission allowances at €30 for at least one year, with the possibility of extending it for two.”
He concluded by stating that if need be, for the sake of security and to defeat Russia, Europe should temporarily consider returning to fossil fuels. “The green transition cannot come at the cost of basic security, and if the situation forces us to do so, then we must not hesitate to return temporarily to traditional sources of energy. Even if a short-term return to coal means postponing our ambitious climate goals, it may be a necessary condition of maintaining a strong European community capable of resisting Russia and supporting Ukraine.”


From supporting immune function to reproductive health, zinc is an essential nutrient that plays a key role in your health* Support optimal wellness with a highly absorbable form of zinc. Zinc supports general wellness, promotes healthy connective tissue, and helps maintain eye and reproductive health.**
Take 1 capsule one to two times daily or as recommended by your health-care practitioner.


https://www.federalreserve.gov/econres/ifdp/the-economics-of-sovereign-debt-bailouts-and-the-eurozone-crisis.htm
Despite a formal 'no-bailout clause; we estimate significant net present value transfers from the European Union to Cyprus, Greece, Ireland, Portugal, and Spain, ranging from roughly 0.5% (Ireland) to a whopping 43% (Greece) of 2010 output during the Eurozone crisis. We propose a model to analyze and understand bailouts in a monetary union, and the large observed differences across countries. We characterize bailout size and likelihood as a function of the economic fundamentals (economic activity, debt-to-gdp ratio, default costs). Our model embeds a 'Southern view' of the crisis (transfers did not help) and a 'Northern view' (transfers weaken fiscal discipline). While a stronger no-bailout commitment reduces risk-shifting, it may not be optimal from the perspective of the creditor country, even ex-ante, if it increases the risk of immediate insolvency for high debt countries. Hence, the model provides a potential justification for the often decried policy of 'kicking the can down the road.' Mapping the model to the estimated transfers, we find that the main purpose of the outsized Greek bailout was to prevent an exit from the eurozone and possible contagion. Bailouts to avoid sovereign default were comparatively modest.


“We know that this is a deeply personal decision,” she added, “and I encourage people to talk to their doctors and their primary care providers to determine what is best for them and for their baby.”
Walensky explained that because the initial vaccine trials did not include pregnant women, there had been limited data on possible problems. As a result, different health authorities and professional medical groups had offered cautious, or even conflicting, guidance.


Theme: Facilitating Data-Driven Innovation for Sustainable Energy Transitions
Professor: Prof Masaru Yarime, Associate Professor of Public Policy, The Hong Kong University of Science and Technology
Date: 15 November 2022 (Tuesday)
Time: 18:00-18:45 (UTC+8)
Summary:
Professor Masaru first introduced the Hong Kong University of Science and Technology and explained the importance of data-driven innovation in face of the epidemic, which has the potential to tackle climate change issues. To be more specific, there are two parts:
1. Climate change mitigation strategies including reducing carbon dioxide emissions, supply chain management, and behavioral change;
2. Climate change adaptation including Earth system modeling and building resilience to natural disasters.
First of all, within the past decades, digital technologies for climate change adaptation have been widely used, for example, data visualization using AI algorithms to predict the impact of climate change. In addition, Professor Masaru shared the recent progress in patent applications for climate change-related technologies involving AI.
Following the AI-involved technologies, Professor Masaru presented a data-driven innovation cycle to visualize how the process works. It includes the following: data collection, big data, data analytics, knowledge base, and so on. Later, Professor Masaru explained concepts such as data, data science, and domain expertise for data-driven innovation in detail. Additionally, he focused on a chart to demonstrate the rapid technological progress over the past decade.
The second part of the lecture discussed public policy issues. The characteristics of data-driven innovation include deriving new insights from vast data and the ability of training. These led to human-machine interaction and implications for public policy, which has four major aspects: democracy, kinetics, markets and society. It is also necessary to mention the following challenges: speed and direction of technological change, interconnectedness as well as interdependencies of technologies and human-machine interaction.
In terms of the application process, Professor Masaru pivoted to data-driven innovation for tackling sustainability issues and climate change mitigation in smart cities. To summarize, there are three key challenges for sustainable smart cities: goals and targets, business models, and data governance. For instance, distributed energy systems have several benefits, including a goal of proximity to the customer, high energy efficiency, and utilizing clean and low-carbon energy sources.
Professor Masaru mentioned distributed energy systems with peer-to-peer energy exchange based on blockchain and stressed that it connected individual prosumer producers and consumers. Professor Masaru’s research interests include assessing challenges and opportunities in various dimensions, such as the economy, environment and institutions.
Key issues concerning data in peer-to-peer distributed energy systems involve data availability and accessibility, interoperability, cyber security, data privacy, and so on. These bring us both opportunities and challenges in terms of data usage, and COVID-related analysis.
Finally, Professor Masaru prospected the future of data governance approaches mentioning the Toronto smart city project as well as the super city initiative in Japan. In addition, he discussed topics such as data linkage platforms, the data trust issue, and micro-targeting digital nudges to promote energy saving.
(The summary is written by student assistant LI Xinyue.)
*The views and opinions expressed in this lecture series are those of the guest lecturers. They do not purport to reflect the opinions or views of the AUA or its members or its Secretariat.


Background: Evidence suggests that people with multiple sclerosis and spasticity (pwMSS) experience multiple concurrent symptoms that negatively impact daily functioning and quality of life. However, the overall symptom burden and the importance of symptom management for pwMSS have yet to be fully characterized.
Objectives: We sought to understand the breadth and most problematic symptoms experienced by pwMSS and the importance of symptom management for pwMSS. Methods: SEEN-MSS (Symptoms and Emotions Exploration Needed in Multiple Sclerosis Spasticity), a cross-sectional, online survey, was developed in collaboration with three US-based MS advocacy organizations. The survey was completed by US-based pwMSS, recruited from these MS advocacy organizations, from February to April 2021. Participants completed the survey of multiple choice and rank order questions. Analysis was performed using descriptive statistics. Results: The survey was completed by 961 adult pwMSS; 78% female, mean age 56.6 years (SD±10.5). Participants reported a mean of 16.3 years (SD±9.7) from diagnosis and had been experiencing spasticity symptoms for 11.1 years (±9.6). Self-reported Patient Determined Disease Steps demonstrated a wide spectrum of disability; range 1 (mild disability) to 7 (wheelchair/scooter). The symptom burden was high, with 17 different co-occurring symptoms reported by pwMSS. More than 60% of participants reported at least eight additional symptoms co-existing with spasticity. Spasticity was ranked as the single most problematic symptom in 17% of pwMSS and was one of the top five most problematic symptoms for 72% of pwMSS. Other top five most problematic symptoms experienced by pwMSS included fatigue (59%), difficulty walking (45%), and pain (40%). Two-thirds (68%) of participants reported their primary treatment goal was slowing disease progression versus managing symptoms (32%). However, when asked to consider their day-to-day treatment goals, the importance of managing symptoms (46%) was nearly as important as slowing disease progression (54%). Conclusions: This survey highlights the substantial burden of symptoms for pwMSS, including spasticity, and the importance of symptom management on a day-to-day basis. These results emphasize the importance of proactive communication regarding the constellation of symptoms associated with spasticity and addressing the individual needs and treatment goals of pwMSS.


Sponsored by: Consumer Bankers Association
Presenters: Mike Jiwani, Director Adam Stockton, Director Webinar Details:
While some banks have pumped the breaks on acquiring primary customers, others have recognized that they are “on sale” and now is the time to double down. So how do you measure and manage your way to more primary customers?
The key lies in good data and segmentation. Most banks can measure checking activity by tracking direct deposits or the number of transactions per month but struggle to translate that into measuring and managing primacy. With the right segmentation applied, banks can uncover things like which customers are not fully engaged but could be pulled in with outreach by the bank; or which customers are motivated by incentives (rate or cash) and which are motivated by other factors.
Watch on-demand as Curinos experts discuss how banks are exposing key customer attributes to develop customer primacy segmentation that drives growth.


Franklin Acupuncture & Herbal Medicine330 Mallory Station Rd Ste G-26 Franklin, TN 37067(615) 756-3122 Clinic HoursMon9:00am - 7:00pmTue9:00am - 7:00pmWed9:00am - 7:00pmThu9:00am - 7:00pmFri9:00am - 7:00pmSat12:00pm - 5:00pm Tag Archives: dysmenorrhea
A study conducted by Chengdu University of Traditional Chinese Medicine (TCM) has determined that the use of moxibustion at specific days during a woman’s menstrual cycle can decrease pain associated with menstruation. Dysmenorrhea or painful menstruation is a big problem for many women. This study used moxibustion, an accessory modality of TCM, to treat the pain associated with menstruation. The


Richard Grünwald
The Lancang Mekong Cooperation has suffered a deficit of trust following the publication of a study in April 2020 raising concerns over the impact of Chinese mainstream dams on the Mekong’s water flow. To overcome the trust deficit on the Mekong, it is important to depoliticise hydrological science by ensuring compliance with standard research procedures and collaboration among relevant institutions.